Prolonged family separation under U.S. immigration law: Mechanisms of racialized harms to lawfully present immigrant parents.

Abstract

Abstract

Prolonged family separation in the context of immigration to the United States has largely focused on separation resulting from immigrant detention and the deportation of undocumented parents. Less visible are the ways that U.S. immigration laws and policies are constructed and implemented such that they prolong family separation for lawfully present immigrants in the United States from their families abroad. This article addresses this gap. The detrimental effects of prolonged family separation in the context of immigration are discussed. Three key immigration law mechanisms that prolong family separation are detailed, including (a) per-country limits for immediate relative and family-preference visa applications for lawful permanent residents, (b) the asylum case backlog, and (c) the lack of family reunification options for people with Temporary Protected Status (TPS). Each of the three mechanisms are situated within a historical context, drawing attention to the racialized ways in which prolonged family separation has occurred. Fourteen recommendations for ameliorating the racialized harms of prolonged family separation are offered. These include six policy recommendations at the federal level (e.g., training recommendations to address findings of bias in asylum offices, expansion of family-based parole programs, implementing changes to TPS to allow TPS holders to bring spouses and minor children to the United States for the duration of a TPS designation, and permitting lawful permanent residents to sponsor the same family members as U.S. citizens). Eight additional recommendations for clinicians, community members, schools, and professional and community-based organizations engaging with immigrant families are also detailed. (PsycInfo Database Record (c) 2026 APA, all rights reserved).